Major Changes for North Carolina Expungement Eligibility on the Horizon!

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North Carolina Expungement Bill passes the NC Senate. This bill would bring major changes to North Carolina Expungement law.

Senate Bill 562 passes the Senate by a vote of 44-0. The bill moves on to the House for expected passage and then a signature by Governor Roy Cooper.

  • New Eligibility Rules for those with convictions from under the age of 18. Almost all H and I Felony Convictions and almost all misdemeanor convictions are now covered minus DWI related or sexual registry related convictions under the age of 18. Multiple convictions are also covered. If you have anything on your record that happened before you turn 18 you should call for a free consultation today.

  • Automatic dismissal expungements. Starting on July 1, 2020 the process would become automatic after most dismissals or not-guilty verdicts.

  • New Eligibility Rules for those with multiple nonviolent misdemeanor or felony convictions. The current law just allows people get one conviction. The law would soon allow for those with more than one conviction on different dates to seek relief.

The new law would go into effect on December 1, 2019 for convictions and on July 1, 2020 for automatic dismissals after the case finishes in court. The bill applies to offenses committed before that date. Any dismissals prior to July 1, 2020 would still need to apply for an expungement under the current process.

This law change could help many in North Carolina. If you have questions about whether you are eligible for a North Carolina expungement if this bill becomes law please call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation.

The State: Second Chance Act … bills pass in the NC Senate

SECOND CHANCE ACT

“▪ SB 562: The Second Chance Act bill would automatically expunge the records of people who had charges dismissed or were found not guilty of nonviolent and nonsexual crimes. The bill passed the Senate with bipartisan support after an amendment to take out language that would have included traffic violations.

Sen. Danny Britt Jr., a Republican who represents Robeson and Columbus counties, described it as a jobs bill. He said that it gives people a better chance when applying for jobs or renting an apartment. The expunction process would be a click of a button, he said, and would not burden clerks.

“What this is is a jobs bill to get these people back into society, where they should be,” Britt said.

Sen. Floyd McKissick Jr., a Durham Democrat, said this would make sure that when someone is found not guilty or charges dismissed, “they aren’t burdened with a scarlet letter their whole lives.”

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Our law firm handles a lot of North Carolina expungement cases.  One important question in learning about your old criminal records is where the case is from.  If you're looking into the Adminsitrative Office of the Courts (AOC) criminal records for North Carolina your record will start with a county code and then give you the case number.  So a Wake County criminal case from 2016 could look like this in a record search 91016CR123456.  That would tell you that the Wake County court case number is 16CR123456.  If you're interested in looking at your eligibility for a North Carolina Expungement hit this link to learn more.

North Carolina AOC County Codes for Criminal Cases.

              000 ALAMANCE    

              010 ALEXANDER   

              020 ALLEGHANY   

              030 ANSON       

              040 ASHE        

              050 AVERY       

              060 BEAUFORT    

              070 BERTIE      

              080 BLADEN      

              090 BRUNSWICK   

              100 BUNCOMBE    

              110 BURKE       

              120 CABARRUS    

              130 CALDWELL    

              140 CAMDEN      

              150 CARTERET    

              160 CASWELL     

              170 CATAWBA     

              180 CHATHAM     

              190 CHEROKEE    

              200 CHOWAN      

              210 CLAY        

              220 CLEVELAND   

              230 COLUMBUS    

              240 CRAVEN      

              250 CUMBERLAND  

              260 CURRITUCK   

              270 DARE        

              280 DAVIDSON    

              290 DAVIE       

              300 DUPLIN      

              310 DURHAM      

              320 EDGECOMBE   

              330 FORSYTH     

              340 FRANKLIN    

              350 GASTON      

              360 GATES       

              370 GRAHAM      

              380 GRANVILLE   

              390 GREENE      

              400 GUILFORD 

              410 HALIFAX     

              420 HARNETT     

              430 HAYWOOD     

              440 HENDERSON   

              450 HERTFORD    

              460 HOKE        

              470 HYDE        

              480 IREDELL     

              490 JACKSON     

              500 JOHNSTON    

              510 JONES       

              520 LEE         

              530 LENOIR      

              540 LINCOLN     

              550 MACON       

              560 MADISON     

              570 MARTIN      

              580 MCDOWELL    

              590 MECKLENBURG 

              600 MITCHELL    

              610 MONTGOMERY  

              620 MOORE       

              630 NASH        

              640 NEW HANOVER 

              650 NORTHAMPTON 

              660 ONSLOW      

              670 ORANGE      

              680 PAMLICO     

              690 PASQUOTANK  

              700 PENDER      

              710 PERQUIMANS  

              720 PERSON      

              730 PITT        

              740 POLK        

              750 RANDOLPH    

              760 RICHMOND    

              770 ROBESON     

              780 ROCKINGHAM  

              790 ROWAN       

              800 RUTHERFORD  

              810 SAMPSON     

              820 SCOTLAND    

              830 STANLY      

              840 STOKES      

              850 SURRY       

              860 SWAIN       

              870 TRANSYLVANIA

              880 TYRRELL     

              890 UNION       

              900 VANCE       

              910 WAKE        

              920 WARREN      

              930 WASHINGTON  

              940 WATAUGA     

              950 WAYNE       

              960 WILKES      

              970 WILSON      

              980 YADKIN      

              990 YANCEY      

              999 ALL Counties

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Can a Charge on My Record Affect My Employment?

NC-Expungement

Even if you had a cased dismissed in North Carolina, a criminal charge on your record may affect your employment. Cases that are voluntarily dismissed will permanently stay on your record unless you choose to have the charge expunged.

Each employer is different. Some employers will do a full nationwide background check; some will only pull your credit. Some will rule you out as an employee based on traffic tickets; some have more lax standards about what charges they will allow.

If you are worried that a charge in your past will affect your ability to secure future employment, you may want to consider petitioning the court to expunge the charge. You do not have to live in North Carolina in order to do this, rather the process can be done completely over the phone and email with our office if you are eligible.

Contact The Law Offices of Wiley Nickel at (919) 585-1486 for a free consultation. We will be able to advise you on whether you may be available to have your charges expunged from you record. Generally, if you are eligible, the process takes anywhere from six to nine months, but this varies county by county and can be longer or shorter. Email us at wiley@wileynickel.com for more information about the process and what needs done to have your charge expunged in North Carolina. Our office serves all counties and areas of North Carolina for expungements. 

1 Comment

Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.